Supreme Court of India
Gayatri Balasamy v. M/s Isg Novasoft Technologies Limited
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4 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the opinion that the claimant is not entitled for return of the amounts involved in the bank guarantees dated 22-2-2000 and 23-2-2000 as they were towards the amounts advanced by the Board.
Judgment, page 104
From the headnote
Issue for Consideration In ‡M. Hakeem and Anr.’s case, this Court held that while exercising powers u/s.34 of the Arbitration and Conciliation Act, 1996, a Court hearing the petition had no power to “modify” the Award, whereas other benches of two judges and three judges of this Court have either modified or accepted modification of the arbitral awards. In view of the divergent and contrasting judicial opinions as regards the power of the court u/s.34 to modify an arbitral award, the matter has been placed before the Constitution Bench to decide the questions referred. The questions referred
Authorities it was built on
- 1997 Vishaka and Ors. v. State of Rajasthan and Ors.
- 2000 Kunhayammed and Ors v. State of Kerala and Anr.
- 1998 Supreme Court Bar Association v. Union of India
- 2017 National Insurance Company Limited v. Pranay Sethi and Ors.
- 2019 Ssangyong Construction Co. Ltd. v. National Highways Authority of India (nhai)
- 2001 Shamnshaeb M. Multtani v. State of Karnataka
- 1974 The Ahmedabad St.xaviers College Society & Anr. Etc. v. State of Gujarat & Anr.
- 2023 Shilpa Sailesh v. Varun Sreenivasan
- 1991 Secretary, Irrigation Department, Government of Orissa and Ors. Etc. Etc. v. G. C. Roy Etc. Etc.
- 2006 Mcdermott Interntional Inc. v. Burn Standard Co. Ltd. and Ors.
- 2019 M/s. Dyna Technologies Pvt. Ltd. v. M/s. Crompton Greaves Ltd.
- 2008 J.C. Budhraja v. Chairman, Orissa Mining Corpn. Ltd. & Anr.
- 2016 M/s Centrotrade Minerals & Metal Inc. v. Hindustan Copper Ltd.
- 2014 Oil & Natural Gas Corporation. Ltd. v. Western Geco International Ltd.
- 2021 Bhaven Construction through Authorised Signatory Premjibhai K. Shah v. Executive Engineer Sardar Sarovar Narmada Nigam Ltd.& Anr.
- 1967 Commissioner of Income-tax, Calcutta v. Rai Bahadur Hardutroy Motilal Chamaria
- 1999 Sri Budhia Swain and Ors. v. Gopinth Deb and Ors.
- 2005 M/s. U.P.S.R.T.C. v. Imtiaz Hussain
- 2011 M/s. J.G. Engineers Pvt. Ltd. v. Union of India and Anr.
- 2022 Oil and Natural Gas Corporation Ltd v. Afcons Gunanusa Jv
- 2017 Kinnari Mullick and Another v. Ghanshyam Das Damani
- 2007 Numaligarh Refinery Lid. v. Daelim Industrial Company Lid.
- 2003 Pure Helium India Pvt. Ltd. v. Oil and Natural Gas Commission
- 1980 Grindlays Bank Ltd. v. Central Government Industrial Tribunal and Ors.
- 1979 C.i.t Central, Calcutta v. National Taj Traders
- 2019 Parsa Kente Collieries Limited v. Rajasthan Rajya Vidyut Utpadan Nigam Limited
- 2018 Vedanta Ltd. v. Shenzen Shandong Nuclear Power Construction Co. Ltd.
- 1960 Padam Sen and Another v. The State of Uttar Pradesh
- 2024 S.V. Samudram v. State of Karnataka & Anr
- 2021 The Project Director, National Highways No. 45 E and 220 National Highways Authority of India v. M. Hakeem & Anr.
- 2012 Ntpc Limited v. Ansaldo Caldaie Boilers India P. Ltd. & Anr.
- 2021 M/s. Oriental Structural Engineers Pvt. Ltd. v. State of Kerala
- 2024 North Delhi Municipal Corporation v. M/s S.A. Builders Ltd.
- 2006 M/s. Mukund Ltd. v. Hindustan Petroleum Corporation Ltd.
- 2009 M/s. Century Textiles Industries Ltd. v. Deepak Jain & Anr.
- 2022 I-pay Clearing Services Private Limited v. Icici Bank Limited
- 1993 Brace Transport Corporation of Monrovia, Bermuda v. Orient Middle East Lines Ltd., Saudi Arabia & Ors.
- 2009 M/s. Som Datt Builders Ltd. v. State of Kerala
- 2025 Somdatt Builders-ncc-nec(jv) v. National Highways Authority of India & Ors.
Where later benches applied it
- 2026 National Projects Construction Corporation Limited v. Ishvakoo (india) Pvt Ltd
- 2026 M/s Tarini Prasad Mohanty v. M/s Sunflag Iron and Steel Company Ltd.
- 2026 M/s Saisudhir Energy Ltd v. M/s Ntpc Vidyut Vyapar Nigam Ltd
- 2025 Asf Buildtech Private Limited v. Shapoorji Pallonji and Company Private Limited
Of those, 4 mentioned
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